VILLAGE OF DOWNERS GROVE REPORT FOR THE VILLAGE COUNCIL MEETING OCTOBER 21, 2014 AGENDA

ITEM ORD 00-05732 VILLAGE OF DOWNERS GROVE REPORT FOR THE VILLAGE COUNCIL MEETING OCTOBER 21, 2014 AGENDA SUBJECT: TYPE: SUBMITTED BY: Special Use for a Funeral Services Business at 1628 Ogden Avenue Resolution Ordinance Motion Discussion Only Stanley J. Popovich, AICP Planning Manager SYNOPSIS A special use ordinance has been prepared to permit a funeral services business at 1628 Ogden Avenue. STRATEGIC PLAN ALIGNMENT The goals for 2011-2018 include Strong and Diverse Local Economy. FISCAL IMPACT N/A RECOMMENDATION Approval on the November 4, 2014 active agenda per the Plan Commission s unanimous recommendation. The Plan Commission found that the proposal is an appropriate use in the district, compatible with the Comprehensive Plan and meets all standards for approval of a Special Use found in Section 28.12.050. BACKGROUND The petitioner is requesting Special Use approval to permit a funeral services business at 1628 Ogden Avenue. The B-3, General Services and Highway Business, zoned property is located on the north side of Ogden Avenue approximately 250 feet east of Lee Avenue. The property includes a vacant 5,000 square foot one-story building with parking to the front and rear of the building. The petitioner is proposing to convert the vacant building into a funeral service business office. The proposed business is a professional sales office where employees will consult with clients seeking cremation services and deliver cremated remains to relatives. The proposed business does not provide embalming, cremation, transportation of human remains or memorial services on this site. In addition to an interior remodeling, the petitioner will provide new green space along Ogden Avenue, 10 striped parking spaces and a trash enclosure in the rear of the property. Compliance with the Zoning Ordinance A funeral services business is listed as an allowable Special Use in the B-3 zoning district. The proposed expansion will meet all setback and parking requirements of the B-3 zoning district and provide additional green space which will reduce the existing non-conforming green space. 1

Compliance with the Comprehensive Plan The proposed use is consistent with and meets the goals of the Comprehensive Plan as shown below: Comprehensive Plan Recommendations Corridor Commercial properties should include a blend of retail, offices and smaller regional commercial retail Modernize commercial properties to remain competitive in the marketplace. How the Proposal is Consistent with the Comprehensive Plan The proposed use will provide a professional sales office within the corridor. The proposed improvements will modernize the building and the site. Public Comment The property owner to the west of the subject site voiced his support of the petition during the public hearing. No other public comment was provided. ATTACHMENTS Ordinance Aerial Map Staff Report with attachments dated October 6, 2014 Draft Minutes of the Plan Commission Hearing dated October 6, 2014 2

ORDINANCE NO. Special Use-1628 Ogden PC- 27-14 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT A FUNERAL SERVICE BUSINESS AT 1628 OGDEN AVENUE WHEREAS, the following described property, to wit: Lot 158 in Burlington Highlands, Being a Subdivision of Part of Section 6, Township 38 North, Range 11, East of the Third Principal Meridian, According to the Plat Thereof Recorded August 26, 1953 as Document 696133, in Du Page County, Illinois Commonly known as 1628 Ogden Avenue, Downers Grove, IL 60515 (PIN 09-06-302-004) (hereinafter referred to as the "Property") is presently zoned "B-3, General Services and Highway Business District" under the Comprehensive Zoning Ordinance of the Village of Downers Grove; and WHEREAS, the owner of the Property has filed with the Plan Commission, a written petition conforming to the requirements of the Zoning Ordinance, requesting that a Special Use per Section 12.050 of the Zoning Ordinance be granted to permit a funeral service business at 1628 Ogden Avenue; and, WHEREAS, such petition was referred to the Plan Commission of the Village of Downers Grove on October 6, 2014, and said Plan Commission has given the required public notice, has conducted a public hearing respecting said petition and has made its findings and recommendations, all in accordance with the statutes of the State of Illinois and the ordinances of the Village of Downers Grove; and, WHEREAS, the Plan Commission has recommended approval of the requested Special Use, subject to certain conditions; and, WHEREAS, the Village Council finds that the evidence presented in support of said petition, as stated in the aforesaid findings and recommendations of the Plan Commission, is such as to establish the following: 1. that the proposed use is expressly authorized as a special use in the district in which it is to be located; 2. that the proposed use at the proposed location is necessary or desirable to provide a service or a facility that is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community; 3. that the proposed use will not, in the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or be injurious to property values or improvements in the vicinity. NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Downers Grove, in DuPage County, Illinois, as follows: SECTION 1. That a Special Use of the Property is hereby granted to permit a funeral services business at 1628 Ogden Avenue within the B-3 zoning district. SECTION 2. This approval is subject to the following conditions:

VILLAGE OF DOWNERS GROVE REPORT FOR THE PLAN COMMISSION OCTOBER 6, 2014 AGENDA SUBJECT: TYPE: SUBMITTED BY: PC-27-14 1628 Ogden Avenue Special Use for a Funeral Service Business Patrick Ainsworth Planner REQUEST The petitioner is requesting approval of a Special Use to operate a funeral service business at 1628 Ogden Avenue. NOTICE The application has been filed in conformance with applicable procedural and public notice requirements. GENERAL INFORMATION OWNER: APPLICANT: Suburban Bank & Trust Company Trust Number 74-302 150 Butterfield Road Elmhurst, IL 60126 Tim Nicholson Neptune Management Corp. d/b/a Neptune Society 1250 South One Island Road, Suite 500 Plantation, FL 33324 PROPERTY INFORMATION EXISTING ZONING: B-3, General Services and Highway Business EXISTING LAND USE: Vacant Commercial Building PROPERTY SIZE: 0.27 acres (11,952 square feet) PINS: 09-06-302-004 SURROUNDING ZONING AND LAND USES ZONING FUTURE LAND USE NORTH: R-2, Residential Detached House 2 Single Family Residential SOUTH: B-3, General Service and Highway Business Corridor Commercial EAST: B-3, General Service and Highway Business Corridor Commercial WEST: B-3, General Service and Highway Business Corridor Commercial

PC-27-14, 1628 Ogden Avenue Page 2 October 6, 2014 ANALYSIS SUBMITTALS This report is based on the following documents, which are on file with the Department of Community Development: 1. Application/Petition for Public Hearing 2. Narrative Statement and Standards for Approval 3. Plat of Survey 4. Site Plan 5. Floor Plan PROJECT DESCRIPTION The applicant is requesting Special Use approval to operate a funeral service business at 1628 Ogden Avenue. The subject property is located on the north side of Ogden Avenue approximately 250 feet east of Lee Avenue and is zoned B-3, General Services and Highway Business. The proposed use is a professional sales office where employees will consult with clients seeking cremation services. Per Zoning Ordinance Section 5.010.A, a Special Use is required for any use that relates to the death of humans. The proposed business is not a traditional funeral home. The uses taking place within the building will be limited to sales of cremation services and the delivery of urns with cremated remains to the customer. Uses that will not be taking place at this location include: Embalming of human corpses Cremation of human corpses Delivery or transport of human corpses Memorial services to families/customers of the deceased Any type of traditional funeral service as found in traditional funeral homes The petitioner has stated that all pick-up services and cremation activities will be done by third party entities off-premises. The subject property is an 11,952 square foot lot which is currently improved with a 5,000 square foot onestory, vacant commercial building and a surface parking lot (see Figures 1 through 2). The petitioner intends to purchase this vacant property and improve the interior space and enhance the layout of the parking lot to better serve their needs. This property currently shares two curb cuts with the adjacent properties that provide direct access to Ogden Avenue. The property currently contains off-street parking spaces; however, the petitioner intends to improve the surface parking lot with a new layout, including a handicap accessible parking space and access aisle. The property will also be improved with a refuse enclosure, located in the rear of the property. The petitioner is proposing to improve the interior of the existing building with professional sales offices, a reception/lobby area, a sales center and storage rooms. All proposed improvements are shown in the attached drawings. COMPLIANCE WITH THE COMPREHENSIVE PLAN The subject property is designated as Corridor Commercial on the Future Land Use Map. Corridor Commercial uses should include a blend of retail, offices, and smaller regional commercial retail. The proposed use is consistent with the Corridor Commercial designation. The Comprehensive Plan states that commercial properties should be modernized in order for the Village s commercial corridors to remain competitive in the marketplace. The proposed renovation will increase the attractiveness of this property and, subsequently, the B-3, General Services and Highway Business zoning district. The proposed use and improvements of the subject property are consistent with the Comprehensive Plan.

PC-27-14, 1628 Ogden Avenue Page 3 October 6, 2014 COMPLIANCE WITH THE ZONING ORDINANCE The subject property is zoned B-3, General Services and Business Highway. The funeral service business is an allowable special use in the B-3 zoning district. All proposed improvements will meet the majority of the B-3 zoning regulations as shown in the table below: 1628 Ogden Avenue Existing Proposed 113 feet from center Street Yard Setback line of Ogden South property line Avenue 113 feet from center line of Ogden Avenue B-3 Zoning Requirements 75 feet from center line of Ogden Ave Side Yard Setback East property line 0 feet 0 feet 0 feet Side Yard Setback West property line 10.47 feet 10.47 feet 0 feet Rear Yard Setback - East property line 32.91 feet 32.91 feet 20 feet Off-Street Parking 7 spaces 10 spaces 10 spaces 51 feet from center from center line of Ogden Avenue 60 feet from center line of Ogden Avenue Street Yard Setback for Off-Street Parking 50 feet from center line of Ogden Avenue Maximum F.A.R. 0.48 0.48 0.75 Minimum Open Space 1.6% (187 sq. ft.) 3.6% (432 sq. ft.) 10% (1,195 sq. ft.) The subject property will contain the required 10 off-street parking spaces; seven of these parking spaces are within the street yard and the other three spaces are in the rear yard. For the purpose of calculating the required off-street parking space requirements, staff utilized the required parking ratio of Business and Professional Office with a parking ratio requirement of 3 spaces per 1,000 square feet. Per Section 7.040.C of the Zoning Ordinance, storage rooms are not counted towards the required off-street parking. As such, the total improved area of the subject building results in a minimum requirement of 10 off-street parking spaces. The applicant will maintain the existing fence along the north property line and much of the existing vegetation will remain and be maintained. The applicant will also be increasing the overall area of greenspace for the subject property. The greenspace area, located at the northwest corner of property, is being removed. However, the landscaped area in the street yard will be increased to bring the property closer to compliance with the Zoning Ordinance. The proposed improvements are consistent with the B-3 zoning district. ENGINEERING/PUBLIC IMPROVEMENTS The petitioner is not proposing any changes to the site that would result in the requirement for public improvements. The proposed development will not adversely impact the existing stormwater drainage patterns. All required infrastructure, including a sidewalk, currently exists and adequately services the property. PUBLIC SAFETY REQUIREMENTS The Fire Department has reviewed the proposed plans and did not have any concerns. They will be able to service the building. The petitioner will be required to provide a fire detection and suppression system within the building.

PC-27-14, 1628 Ogden Avenue Page 4 October 6, 2014 NEIGHBORHOOD COMMENT Notice was provided to all property owners within 250 feet of the subject property, in addition to posting a public hearing sign on the subject property and publishing a notice in Downers Grove Suburban Life. Staff did received three inquires about the subject property, but no one left any comments or concerns regarding the application. FINDINGS OF FACT The petitioner is requesting a Special Use to operate a funeral service business. Staff finds the proposal meets the standards for granting a Special Use as outlined below: Section 28.12.050 Standards for Approval of Special Uses The Village Council may authorize a special use by ordinance provided that the proposed Special Use is consistent and in substantial compliance with all Village Council policies and land use plans, including but not limited to the Comprehensive Plan, the Future Land Use Plan and Master Plans and the evidence presented is such as to establish the following: (1) That the proposed use is expressly authorized as a Special Use in the district in which it is to be located; The property is located in the B-3, General Services and Highway Business zoning district. Under Section 5.010 of the Zoning Ordinance, a funeral service business is listed as an allowable Special Use in the B-3 zoning district. This standard has been met. (2) That the proposed use at the proposed location is necessary or desirable to provide a service or a facility that is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community. The proposed funeral service use is desirable and provides a service that is in the interest of the public convenience. Additionally, the applicant intends to purchase the property, renovate the interior space, improve the exterior with parking and landscaping and add a new business to the community. The proposed business model is not currently found within the Village of Downers Grove. The proposed use meets the goals of the Comprehensive Plan by providing a unique service within the Corridor Commercial designation and by modernizing an existing building. This standard has been met. (3) That the proposed use will not, in the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or be injurious to property values or improvements in the vicinity. The use will be not be detrimental to the health, safety or general welfare. Although the use is a funeral service business, the proposed use will not be a traditional funeral home. The proposed use follows the model of a professional office. The proposed use will not have the following activities conducted on the property: Embalming of human corpses Cremation of human corpses Delivery or transport of human corpses Memorial services to families/customers of the deceased Any type of traditional funeral services as found in traditional funeral homes The petitioner will maintain the vegetation and fence along the north property line which provides screening between the subject property and the residential properties. The proposal will enhance the subject property to better serve the neighborhood and community. The proposed use will not be injurious to property values or improvements in the vicinity as the use will be conducted in the interior of the subject building. This standard has been met.

PC-27-14, 1628 Ogden Avenue Page 5 October 6, 2014 RECOMMENDATIONS The proposal is consistent and compatible with the Comprehensive Plan, Zoning Ordinance and surrounding zoning and land use classifications. Based on the findings listed above, staff recommends that the Plan Commission make a positive recommendation to the Village Council regarding PC-27-14 subject to the following conditions: 1. The Special Use shall substantially conform to the staff report and drawings prepared by Neptune Society dated September 11, 2014 and Haeger Engineering dated September 2, 2014, except as such plans may be modified to conform to the Village codes and ordinances. 2. The following uses are strictly prohibited: a. Embalming of human corpses b. Cremation of human corpses c. Delivery of human corpses and/or transport of human corpses from the subject property to local cemeteries/crematories d. Memorial services for the families of deceased e. Any type of traditional funeral service, whether cremated or full body deceased. 3. The petitioner may have only cremated remains (ashes) on site for customer pick-up. 4. The building shall have fire suppression and detection systems in a manner suitable to the Fire Prevention Bureau Chief. 5. The landscaped open space shall be maintained throughout the life of the development and comply with the current Downers Grove Zoning Ordinance. 6. Screening along the north property line shall be maintained. Staff Report Approved By: Stanley J. Popovich, AICP Planning Division Manager SP:pa -att _ P:\P&CD\PROJECTS\PLAN COMMISSION\2014 PC Petition Files\PC-27-14 - 1628 Ogden Ave - Special Use\Staff Report PC 27-14.docx

PC-27-14, 1628 Ogden Avenue Page 6 October 6, 2014 Figure 1 - Photo of the front entrance of the subject property. Figure 2 - Photo shows the rear yard of the property.

JANET ST 1635 1643 1651 1657 1627 1619 1611 1603 4250 1728 1624 1626 1620 1614 1608 1602 JANET ST _ ^ 100 DOWNERS DR 150 SEELEY AVE GRANT ST LEE AVE OGDEN AVE Y AVE EL E 50 SE 0 CAROL ST LEE AVE ST ONEWALL AVE 1723 1648 1636 1644 OGDEN AVE LA CEY RD 8 I-8 1650 1711 200 Feet 1703 1705 1707 1645 1628 Ogden Avenue Location Map

DOWNER GROVE OFFICE 1628 OGDEN AVE PROJECT SUMMARY Neptune Management Corp., d/b/a Neptune Society intends to purchase the property located at 1628 Ogden Avenue, Downers Grove, IL 60515. Said property is located in a district zoned for retail sales establishments (B-3). Neptune Management Corp. is requesting the Village of Downers Grove grant a special use permit for this address to allow Neptune Management to operate a Funeral Establishment at this location. CONSTRUCTION The renovation of the existing building would consist of creating three offices, 2 arrangement rooms (where consultations with clients are held), a reception /lobby area, a sales center that would be private (no client traffic), and the necessary restrooms and refreshment facilities for our employees and clients. There would be a large open area remaining in the rear of the building with no use planned for this area. In this particular location, there is an overhead door on the rear of the building that we intend to have remain as is. The site will be reconfigured to accommodate the Village s landscaping, parking and other site requirements as outlined in Chapter 28 Downers Grove Zoning Ordinance. BUSINESS MODEL Our business will be licensed under the State as a Pre-Need Cemetery Sales branch. We act as a nontraditional funeral establishment. The office will employ one sales manager, one service manager and one office manager, which would be on site full time. We also employ 3-4 part-time independent sales representatives (ISR). These ISR s do not work in the office on a regular basis, and are usually only on site 3-5 days per month to record sales and consult with the Sales Manager. We anticipate no more than 6 customers would ever be present at the office at any given time, and even this would be the exception, not the rule. A party of two customers for each contract discussed would be the norm. The frequency of these consultations varies widely, but we would anticipate having a minimum of 3-4 per day, and a maximum of 8-9 per day. The facilities normal hours of operation would be 8:30 AM to 5:00 PM, Monday through Friday. Special requests for meetings with existing and potential clients are also considered, and could be scheduled at any time, including weekends. However, these would be limited engagements, and would be for one client at a time. 1250 S. Pine Island Road, Suite 500 Plantation, FL 33324 954.556.9400 www.neptunesociety.com

With respect to activities that are conducted at the site, they would include the following: The selling and servicing of Pre-Need Cremation Services, or on occasion At-Need Cremation Services, consisting of: Initial consultation with potential customers in house Initiation of Cremation Contract with customer (usually at same time as consultation) Upon fulfillment of contract, cremated remains are delivered to customer at site in decorative urns or containers as designated by the customer at the time the contract was executed Additionally, some of the activities that may take place at a traditional funeral home that will not take place at this office are: Embalming of human corpses Cremation of human corpses Delivery of human corpses and/or transport of human corpses from this office to local cemeteries/crematories Memorial services for families of deceased Any type of traditional funeral service, whether for cremated or full body deceased With the exception of cremated remains (ashes), no Human corpses will ever be present at the location. JUSTIFICATION FOR APPROVAL We believe we meet each of the following criteria addressed in the Downers Grove Zoning Ordinance, Section 12.050, Special Uses, Sub Section H, Approval Criteria, specifically as follows: 1. that the proposed use is expressly authorized as a special use in the district in which it is to be located; a. The proposed use of this facility will be the sales and servicing of Cremation Services contracts. Although considered a funerary service, our business model includes only the sale and service of contracts for the cremation of deceased humans. When the contract has been fulfilled (the cremation of a deceased human that is performed in a licensed crematorium), the cremains (ashes of the cremated corpse) are presented in a prepurchased vessel at the site. Essentially, this is a sales office where meetings of individuals and/or limited family members take place in conjunction with the aforementioned contracts. This office is located in an area zoned B-3. A special use approval is required, and is authorized for this zoned District. 2. that the proposed use at the proposed location is necessary or desirable to provide a service or a facility that is in the interest of public convenience and will contribute to the general welfare of the neighborhood community; a. This office will provide the residents of Downers Grove an alternative option for the disposition of their loved ones upon their death. Given the convenient location of the office, the ease of access of the location, in fact this service will be available not only to

all residents of the Village, but to all residents in the surrounding area, therefore providing a financially beneficial service to the community as a whole 3. that the proposed use will not, in the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or be injurious to property values or improvements in the vicinity. a. Because we only service the Cremation contracts, with no human corpses ever being present on the site, the use is more of a retail office type facility, and will in no way be detrimental to any commercial business, regardless of their classification or local residents. There will be no public funeral services conducted on site, nor will there be any activities that would occur in a traditional funeral home (such as embalming or interment of corpses). Our business will be perceived as only as a sales transaction. Nothing more. Thank you in advance for your cooperation in this matter. Should you have any questions, or require additional information, please do not hesitate to contact me. Kirk D. Conners, Ph.D. Manager, Corporate Development SCI Direct 954-556-917

NEPTUNE MANAGEMENT CORP. CORPORATE DEVELOPMENT GROUP PLANTATION, FLORIDA 33324 1250 S. PINE ISLAND ROAD 954-556-9400 NEPTUNE SOCIETY EXISTING BUILDING PLAN 1628 OGDEN ROAD, DOWNERS GROVE, IL........ KDC KDC 9/11/14. PRELIMINARY 1/8" = 1' 11 X 17 KDC 9/11/14 1964-R A-1

PC-27-14, 1628 Ogden Avenue Page 6 October 6, 2014 Figure 1 - Photo of the front entrance of the subject property. Figure 2 - Photo shows the rear yard of the property.